Hewitt v. Berryhill

Filing 21

ORDER granting 19 Motion for Attorney Fees. IT IS HEREBY ORDERED that motion for attorney fees is GRANTED. Pursuant to 42 U.S.C. § 406(b)(1)(A), the Court authorizes payment of attorney's fees in the amount of $5,219.75 to Plaintiff's attorney, John E.Seidlitz, Jr. Signed by Magistrate Judge Timothy J. Cavan on 6/9/2022. (JDH)

Case 1:17-cv-00145-TJC Document 21 Filed 06/09/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
MARY M. HEWITT,
Plaintiff,
vs.

CV 17-145-BLG-TJC
ORDER

KILOLO KIJAKAZI, Acting
Commissioner of Social Security,1
Defendant.
John E. Seidlitz, Jr., counsel for Plaintiff Mary M. Hewitt, has filed an
unopposed motion for attorney fees pursuant to 42 U.S.C. § 406(b). (Doc. 19.) Mr.
Seidlitz requests attorney fees in the amount of $5,219.75. The Commissioner has
no objection to the motion.
On December 17, 2020, the Court reversed and remanded the Commissioner’s
final decision for further administrative proceeding. Plaintiff subsequently prevailed
on remand, and was awarded total past-due benefits in the amount of $44,879.00.
(Id. at ¶ 15.) Mr. Seidlitz requests $5,219.75, which represents less than 12% of the
award, for the direct payment of attorney fees.

Kilolo Kijakazi is substituted for Commissioner Andrew Saul pursuant to Federal
Rule of Civil Procedure 25(d).
1

Case 1:17-cv-00145-TJC Document 21 Filed 06/09/22 Page 2 of 2

The governing law, 42 U.S.C. § 406(b)(1)(A), limits the recovery of attorney
fees to no more than 25% of past-due benefits. The Court finds the $5,219.75 award
is within the 25% limit imposed under §406(b)(1)(A). The Court further finds that
the award is reasonable.
Accordingly, IT IS HEREBY ORDERED that motion for attorney fees is
GRANTED. Pursuant to 42 U.S.C. § 406(b)(1)(A), the Court authorizes payment
of attorney’s fees in the amount of $5,219.75 to Plaintiff’s attorney, John E.
Seidlitz, Jr.
DATED this 9th day of June, 2022.
_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge